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Death Penalty
Death Penalty

Death Penalty

Guide to Insolvency and Bankruptcy Code Vol 1 Guide to Insolvency & Bankruptcy Code – 2 Volumes | 5th edn. 2026 I Dr. D.K. Jain
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Book Name Death Penalty
Author Kush Kalra
Publisher Commercial Law Publishers
Edition Edn. – 2027
ISBN 9789378330216
Pages 696
HSN/SAC Code49011010
SKU: TG-CO-DEPEN Categories: , , ,

Description

Death Penalty – Edition 2027 by  Kush Kalra, published by Commercial Law Publishers, is a comprehensive legal reference examining the law and jurisprudence relating to capital punishment and the death penalty in India.

Spread across 696 pages, the book provides an extensive study of the legal framework surrounding the death penalty, including constitutional principles, statutory provisions, judicial decisions, sentencing considerations, and the evolving jurisprudence of capital punishment. It is useful for understanding the legal principles applied by courts in cases involving the imposition and review of death sentences.

The book is a valuable reference for advocates, judges, legal practitioners, law students, academicians, researchers, and professionals interested in criminal law, constitutional law, sentencing, and human rights.

📘 Key Features:

  • Comprehensive coverage of Death Penalty law in India
  • Updated 2027 Edition
  • Detailed discussion of constitutional and statutory provisions
  • Analysis of important judicial decisions and legal principles
  • Useful reference for criminal law and constitutional law practitioners
  • Suitable for advocates, students, researchers, and academicians

🎉 Limited-Period Offer: Flat 25% Discount + Free Shipping

Death Penalty – Table of Contents

Chapter / Section Topic Page
Chapter-1
Chapter-1 The Origins and Development of the Death Penalty 1
Chapter-1 History 2
Chapter-1 Execution of Death Sentence in India 7
Chapter-1 On Execution Methods 7
Chapter-1 Abolition of Capital Punishment 9
Chapter-1 sentence 10
Chapter-1 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 & Death Penalty 10
Chapter-1 Passing of Death Sentence 11
Chapter-1 Confirmation of Death Sentence 12
Chapter-1 Execution of Death Sentence 13
Chapter-1 Suspension, Remission and Commutation of Death Sentence 14
Chapter-1 Directions to State Governments and Union Territories 15
Chapter-1 Guidelines for Sessions Courts 16
Chapter-1 imprisonment 17
Chapter-1 International Legal Standard: Towards Abolition 19
Chapter-1 Observations of LawCommissionof India, 1967 19
Chapter-1 Royal Commission Report 20
Chapter-1 35th Report of the Law Commission 20
Chapter-1 Idea of Death by Electric Chair in India 21
Chapter-1 United Nations Call on Death Penalty 22
Chapter-1 Safeguards Regarding Capital Punishment in International Law 22
Chapter-1 The United Nations’ Economic and Social Council (ECOSOC) Safeguards 22
Chapter-1 Two subsequent resolutions introduced additional safeguards 23
Chapter-1 What are the Realistic Alternatives to the Death Penalty? 24
Chapter-1 Preface iii
Chapter-1 Table of Cases xxxv
Chapter-2
Chapter-2 Constitutional provisions regarding Clemency 27
Chapter-2 Judicial Response on Clemency 29
Chapter-2 Clemency in recent times 32
Chapter-2 Purpose of clemency power: 33
Chapter-3
Chapter-4
Chapter-4 Challenge to the Constitutionality of Capital Punishment 43
Chapter-4 Judiciary’s Role in the Death Penalty in India 46
Chapter-4 JUDGMENT-1 46
Chapter-4 Commutes Death Penalty 46
Chapter-4 Facts of the case 46
Chapter-4 Issues Raised 47
Chapter-4 Contentions by Petitioners (Prosecution) 47
Chapter-4 Contentions by Respondents (Accused) 47
Chapter-4 Judgement of Court 48
Chapter-4 Trilogy of Judgments and Guidelines Issued 48
Chapter-4 Rationale 48
Chapter-4 Interferences and Analysis 49
Chapter-4 Conclusion 49
Chapter-4 JUDGMENT-2 49
Chapter-4 Conviction & Imposition Of Death Penalty On Same Day 49
Chapter-4 Facts in Nutshell 49
Chapter-4 Grounds for Appeal / Special Reference 50
Chapter-4 Issues Raised 50
Chapter-4 Contentions by Petitioners (Accused/Appellants) 51
Chapter-4 Contentions by Respondent (State of Odisha) 52
Chapter-4 Decision of the Court 53
Chapter-4 Trilogy of Judgments: Guidelines Issued 54
Chapter-4 Rationale 54
Chapter-4 Inference and Analysis 54
Chapter-4 Critical Analysis 55
Chapter-4 JUDGMENT-3 56
Chapter-4 Introduction 56
Chapter-4 JUDGMENT-4 67
Chapter-4 & Murder Of 7-year Old 67
Chapter-4 Facts in nutshell 67
Chapter-4 Questions of law or issues raised 68
Chapter-4 Contentions raised by Accused/ Appellant 68
Chapter-4 Contentions raised by State 69
Chapter-4 Decision by Court 70
Chapter-4 Critical Analysis 71
Chapter-4 JUDGMENT-5 73
Chapter-4 Facts of the case 73
Chapter-4 Question of law 73
Chapter-4 Arguments of the Petitioner (State of Maharashtra) 74
Chapter-4 Arguments of the Respondent (The Convict) 74
Chapter-4 Judgment/Decision of the Court 75
Chapter-4 Critical Analysis 75
Chapter-4 Conclusion 76
Chapter-4 JUDGMENT-6 76
Chapter-4 Facts of the Case 76
Chapter-4 The Failure on Reliability 80
Chapter-4 The Failure on Corroboration 80
Chapter-4 Critical Analysis 81
Chapter-4 Errors in the Trial Court’s Approach 81
Chapter-4 Evidentiary Weaknesses in the Prosecution’s Case 82
Chapter-4 Constitutional Significance 82
Chapter-4 JUDGMENT-7 83
Chapter-4 High Court Acquits Two Death Row Convicts In Triple Murder Case 83
Chapter-4 Facts in Nutshell 83
Chapter-4 Question(s) of Law 83
Chapter-4 Arguments by the Petitioner (State of Odisha / Respondent-State) 84
Chapter-4 Arguments by the Respondents (Appellants / Defence) 84
Chapter-4 Decision by the Court 85
Chapter-4 Critical Analysis 85
Chapter-4 Legal Principles Affirmed 85
Chapter-4 JUDGMENT-8 86
Chapter-4 Leader Who Was Sentenced To Death 86
Chapter-4 Facts 86
Chapter-4 Arguments by the Petitioner (State) 88
Chapter-4 Arguments advanced by the Respondents (Accused) 88
Chapter-4 Decision by the Court 89
Chapter-4 Critical Analysis 90
Chapter-4 JUDGMENT-9 91
Chapter-4 High Court Upholds Death Sentence in Triple Murder Case 91
Chapter-4 Facts of the Case 91
Chapter-4 Questions of Law 92
Chapter-4 Arguments by the Petitioner (Appellant) 93
Chapter-4 Arguments by the Respondent (State) 93
Chapter-4 Decision by the Court 94
Chapter-4 Critical Analysis 95
Chapter-4 JUDGMENT-10 96
Chapter-4 Is Caused By Circumstances Beyond Convict’s Control 96
Chapter-4 Facts in a Nutshell 96
Chapter-4 ISSUES RAISED 97
Chapter-4 Contentions of the Appellants 97
Chapter-4 Contentions of the Respondents 98
Chapter-4 Decision by Court 98
Chapter-4 Guidelines Issued 99
Chapter-4 JUDGMENT-11 100
Chapter-4 Sentence 100
Chapter-4 Facts in a nutshell 100
Chapter-4 Issues Raised 101
Chapter-4 Arguments By Petitioner (State of Kerala) 102
Chapter-4 Arguments given by Respondent (Thomas Chako @ Shibu) 103
Chapter-4 JUDGEMENT 103
Chapter-4 Critical analysis and Conclusion 105
Chapter-4 JUDGMENT-12 105
Chapter-4 Reference If Needed For Arriving At Just Conclusion 105
Chapter-4 Facts in nutshell 105
Chapter-4 Issues before the High Court 107
Chapter-4 Contentions raised by the State of Odisha 107
Chapter-4 Contentions raised by DengunSabar and Ors. 108
Chapter-4 Judgement of the High Court 108
Chapter-4 Rationale 109
Chapter-4 JUDGMENT-13 110
Chapter-4 Minor Children With Chopper 110
Chapter-4 Introduction 110
Chapter-4 Facts of the Case 110
Chapter-4 Questions of Law 111
Chapter-4 Arguments by the Petitioner 111
Chapter-4 Arguments by the Respondent 112
Chapter-4 Judgment of the Court 113
Chapter-4 Critical Analysis 114
Chapter-4 Conclusion 116
Chapter-4 JUDGMENT-14 117
Chapter-4 Evidence 117
Chapter-4 Facts in nutshell 117
Chapter-4 Issues Raised 118
Chapter-4 Contentions raised by Petitioners (State of Madhya Pradesh) 118
Chapter-4 Contentions raised by Respondents (Accused) 118
Chapter-4 Judgment of the Supreme Court 118
Chapter-4 Conclusion 119
Chapter-4 JUDGMENT-15 119
Chapter-4 Facts 119
Chapter-4 Question of Law 120
Chapter-4 Arguments by Petitioner (Appellant) 120
Chapter-4 Arguments by Respondent (State of Rajasthan) 121
Chapter-4 Conclusion 124
Chapter-4 JUDGMENT-16 125
Chapter-4 & Murder of 11 Year Old Girl 125
Chapter-4 Facts of the case: 125
Chapter-4 Issues in the Case 128
Chapter-4 Decision of the Supreme Court 130
Chapter-4 JUDGMENT-17 131
Chapter-4 Woman, 2 Year Old; Awards Life Sentence 131
Chapter-4 Facts in nutshell 131
Chapter-4 Case analysis 132
Chapter-4 Facts 133
Chapter-4 Question of Law 133
Chapter-4 Arguments by Petitioner 134
Chapter-4 Arguments by Respondent 135
Chapter-4 Decision by Court 137
Chapter-4 JUDGMENT-18 138
Chapter-4 Sentence to Life Imprisonment in Case of Rape and Murder of Minor 138
Chapter-4 Facts in nutshell 138
Chapter-4 Issues Raised 138
Chapter-4 Contentions raised by Petitioners 139
Chapter-4 Contentions raised by Respondents 139
Chapter-4 Judgment of the High Court 139
Chapter-4 Rationale 140
Chapter-4 Critical Analysis 141
Chapter-4 JUDGMENT-19 142
Chapter-4 High Court upholds Death Sentence For Child Rapist 142
Chapter-4 Facts in Nutshell 142
Chapter-4 Procedural History 143
Chapter-4 Arguments by Appellants 143
Chapter-4 Arguments by Respondent 144
Chapter-4 Decision of the Court 145
Chapter-4 JUDGMENT-20 145
Chapter-4 the Supreme Court 145
Chapter-4 Facts 145
Chapter-4 Question of Law 147
Chapter-4 Arguments by the Petitioner (Appellants: Nasir & Aftab) 147
Chapter-4 Arguments by the Respondent (State/Prosecution) 148
Chapter-4 Decision of the Court 148
Chapter-4 Grounds for Special Leave to Appeal 149
Chapter-4 Trilogy of Judgments / Guidelines Applied 149
Chapter-4 Critical Analysis 149
Chapter-4 JUDGMENT-21 150
Chapter-4 Imposed On Man For Rape & Murder Of 4 Year Old Girl 150
Chapter-4 FACTS IN NUTSHELL 150
Chapter-4 ISSUE RAISED 150
Chapter-4 Arguments on behalf of the Petitioner (Navneet Kaur) 151
Chapter-4 Arguments advanced by the Respondent (State/Union of India) 151
Chapter-4 Judgment of the Court 151
Chapter-4 Critical Analysis 152
Chapter-4 JUDGMENT-22 152
Chapter-4 exercised through procedures 152
Chapter-4 Facts 152
Chapter-4 Question of Law 154
Chapter-4 Arguments by Petitioner 154
Chapter-4 Arguments by Respondent 155
Chapter-4 Decision by Court 156
Chapter-4 Critical Analysis 158
Chapter-4 Strengths of the Judgment: 158
Chapter-4 Areas of Concern: 158
Chapter-4 Broader Implications: 159
Chapter-4 JUDGMENT-23 160
Chapter-4 Sentence In A Case Of Rape & Double Murder 160
Chapter-4 Facts 160
Chapter-4 Background of the Deceased and the Village Setting 160
Chapter-4 Discovery of the Crime 160
Chapter-4 Initial Police Action 160
Chapter-4 Investigation and Evidence Collection 161
Chapter-4 Prosecution’s Narrative 161
Chapter-4 Trial Court’s Conviction 161
Chapter-4 Defence Position 162
Chapter-4 Appellate Proceedings 162
Chapter-4 Question of Law 162
Chapter-4 Arguments by the Petitioner (State of Maharashtra) 162
Chapter-4 Arguments by the Respondents (Accused) 163
Chapter-4 Decision by the Court 165
Chapter-4 Critical Analysis 165
Chapter-4 JUDGMENT-24 166
Chapter-4 Death Penalty 166
Chapter-4 Grounds for Appeal 167
Chapter-4 Issues Raised 167
Chapter-4 Contentions Raised by Appellant (Accused) 167
Chapter-4 Contentions Raised by Respondent (State) 167
Chapter-4 Judgment 168
Chapter-4 Rationale 168
Chapter-4 Conclusion 168
Chapter-4 JUDGMENT-25 169
Chapter-4 For Awarding Death Sentence ; Mitigating Factors Equally Relevant 169
Chapter-4 Facts 169
Chapter-4 Grounds of Special Leave to Appeal 169
Chapter-4 Issues Raised 170
Chapter-4 Contentions by the Petitioner (Pappu) 171
Chapter-4 Arguments of the Respondent (State of U.P.) 171
Chapter-4 Judgment of the Supreme Court 172
Chapter-4 Conviction 172
Chapter-4 Sentence 172
Chapter-4 Trilogy of Judgments: Guidelines on Death Penalty 173
Chapter-4 Significance 174
Chapter-4 Rationale 174
Chapter-4 JUDGMENT-26 175
Chapter-4 Circumstances : Supreme Court Issues Guidelines 175
Chapter-4 Facts in Nutshell 175
Chapter-4 Question of Law 176
Chapter-4 Contentions Raised by Petitioners 176
Chapter-4 Unreliable Arrest and Recovery 176
Chapter-4 Test Identification Parade (TIP) Unreliable 177
Chapter-4 Procedural Lapses 177
Chapter-4 Witness Contradictions 178
Chapter-4 Sentencing Flawed 178
Chapter-4 Contentions Raised by Respondents 179
Chapter-4 Evidence Conclusive 179
Chapter-4 TIP Corroborative Only 179
Chapter-4 Minor Lapses Immaterial 179
Chapter-4 Death Penalty Justified 180
Chapter-4 Decision of the Supreme Court 180
Chapter-4 Conviction 180
Chapter-4 Sentencing 181
Chapter-4 Guidelines Issued 181
Chapter-4 JUDGMENT-27 182
Chapter-4 Death Sentence of Ex Cop Accused of Rape & Murder of A Housewife 182
Chapter-4 Facts in nutshell 182
Chapter-4 Issues Raised 183
Chapter-4 Contentions Raised by Petitioner 183
Chapter-4 Contentions Raised by Respondents 184
Chapter-4 Judgment of the Supreme Court 184
Chapter-4 Ratio Decidendi 186
Chapter-4 Rationale and Analysis 186
Chapter-4 JUDGMENT-28 187
Chapter-4 Acquits Man Convicted For Alleged Rape & Murder Of Minor Girl 187
Chapter-4 Facts in a Nutshell 187
Chapter-4 Grounds for Appeal 188
Chapter-4 Issues Raised 190
Chapter-4 Contentions of the Petitioner (Appellant) 191
Chapter-4 Contentions of the Respondent (State of UP) 192
Chapter-4 Judgment of the Supreme Court 193
Chapter-4 Inference and Analysis 194
Chapter-4 JUDGMENT-29 195
Chapter-4 Murder of Wife, Four Kids 195
Chapter-4 Facts 195
Chapter-4 Question of Law 196
Chapter-4 Arguments by petitioner 197
Chapter-4 Arguments by respondent 198
Chapter-4 Decision by Court 198
Chapter-4 Critical Analysis 199
Chapter-4 JUDGMENT-30 201
Chapter-4 Court Acquits 3 Men Sentenced To Death 201
Chapter-4 Facts 201
Chapter-4 Question of Law 201
Chapter-4 Arguments by Petitioners 201
Chapter-4 Arguments by Respondents 202
Chapter-4 Decision by Court 203
Chapter-4 Critical Analysis 204
Chapter-4 Presumption of Innocence and Burden of Proof 204
Chapter-4 Standards for Circumstantial Evidence 204
Chapter-4 Investigative Lapses and Their Consequences 205
Chapter-4 Scientific Evidence and Its Validation 205
Chapter-4 Right to Fair Trial 205
Chapter-4 Balancing Societal Expectations and Legal Standards 205
Chapter-4 Systemic Implications 206
Chapter-4 Conclusion 206
Chapter-4 JUDGMENT-31 206
Chapter-4 High Court Commutes Death Sentence to Life Imprisonment 206
Chapter-4 Facts in nutshell 206
Chapter-4 Grounds for Special Leave to Appeal 207
Chapter-4 Issues Raised 208
Chapter-4 Contentions raised by Appellants 208
Chapter-4 Contentions Raised by the Appellants 208
Chapter-4 Contentions raised by the State 210
Chapter-4 Judgment of the Supreme Court 210
Chapter-4 Rationale 211
Chapter-4 Inference and Analysis 211
Chapter-4 JUDGMENT-32 211
Chapter-4 Death Penalty Is Irreversible Step, Judges Should Never Be ‘Bloodthirsty’ 211
Chapter-4 Facts of the case 211
Chapter-4 Discrepancies in the Case 212
Chapter-4 Issues Raised 213
Chapter-4 Contentions raised by Petitioners 213
Chapter-4 Contentions raised by Respondents 214
Chapter-4 Judgement by High Court 215
Chapter-4 Critical Analysis 216
Chapter-4 JUDGMENT-33 217
Chapter-4 Sets Aside Death Penalty 217
Chapter-4 Facts in a nutshell 217
Chapter-4 Laws Involved 218
Chapter-4 Issues Raised 219
Chapter-4 Contentions by Petitioners (Appellants/Accused) 219
Chapter-4 Contentions by Respondents (State of Madhya Pradesh) 220
Chapter-4 Judgement 221
Chapter-4 Rationale 222
Chapter-4 Inference and Analysis 223
Chapter-4 JUDGMENT-34 223
Chapter-4 Rape-Murder Of 10-Year Old Girl To Life Term Without Remission 223
Chapter-4 Facts in Nutshell 223
Chapter-4 Grounds for Special Leave to Appeal 225
Chapter-4 Question of Law 226
Chapter-4 Arguments by Petitioner (Appellant) 226
Chapter-4 Arguments by Respondent (State) 226
Chapter-4 Decision by Court 226
Chapter-4 Rationale 227
Chapter-4 Conclusion 227
Chapter-4 JUDGMENT-35 228
Chapter-4 constitutional principles of proportionality 228
Chapter-4 Facts in Nutshell 228
Chapter-4 Grounds For Appeal 229
Chapter-4 Question Of Law 230
Chapter-4 Arguments By Petitioner (Appealant) 230
Chapter-4 Arguments By Respondent 231
Chapter-4 Decisions By Court 233
Chapter-4 Critical Analysis 234
Chapter-4 JUDGMENT-36 236
Chapter-4 Fair Trial 236
Chapter-4 Facts in a Nutshell 236
Chapter-4 Grounds of the Appeal 236
Chapter-4 Issues Raised 238
Chapter-4 Contentions Raised by the Petitioner 238
Chapter-4 Contentions Raised by the Respondent 239
Chapter-4 Judgment of the Supreme Court 240
Chapter-4 Rationale 241
Chapter-4 Inference and Analysis 242
Chapter-4 JUDGMENT-37 243
Chapter-4 Murder, Killing Pregnant Lady’s Foetus 243
Chapter-4 Facts in nutshell 243
Chapter-4 ISSUES 243
Chapter-4 Contentions raised by the appellant 244
Chapter-4 Contentions raised by the Respondents 244
Chapter-4 Judgement by the High Court 245
Chapter-4 Reference of Judgements: Guidelines Issued 246
Chapter-4 Rationale 247
Chapter-4 JUDGMENT-38 248
Chapter-4 Daughter 248
Chapter-4 Facts 248
Chapter-4 Procedural History 249
Chapter-4 Question of Law 249
Chapter-4 Arguments by Petitioner 249
Chapter-4 Arguments by Respondent 250
Chapter-4 Decision by Supreme Court 250
Chapter-4 Critical Analysis 251
Chapter-4 JUDGMENT-39 251
Chapter-4 Death penalty is an exception 251
Chapter-4 Facts of the Case 251
Chapter-4 Question of Law 252
Chapter-4 On Circumstantial Evidence 253
Chapter-4 On the “Rarest of Rare” Doctrine 253
Chapter-4 Arguments by Petitioner (Appellant) 253
Chapter-4 On Conviction: 254
Chapter-4 Arguments by Respondent (State of Uttar Pradesh) 255
Chapter-4 Critical Analysis 256
Chapter-4 JUDGMENT-40 256
Chapter-4 Court Acquits Man Who Was Sentenced To Death For Rape & Murder 256
Chapter-4 Facts in Nutshell 256
Chapter-4 Grounds for Appeal / Defense Arguments 257
Chapter-4 Issues Raised 257
Chapter-4 Contentions Raised by Petitioners (Accused/Appellant) 258
Chapter-4 Contentions Raised by Respondents (Prosecution/State) 258
Chapter-4 Judgment of the High Court 258
Chapter-4 Rationale and Inference 259
Chapter-4 Conclusion 259
Chapter-4 JUDGMENT-41 260
Chapter-4 Death Sentence Of 4 LeT Members 260
Chapter-4 Facts in nutshell 260
Chapter-4 Grounds for Appeal 261
Chapter-4 Issues Raised 261
Chapter-4 Contentions raised by Petitioners 262
Chapter-4 Contentions raised by Respondents 262
Chapter-4 Judgment of the Supreme Court 263
Chapter-4 Rationale 264
Chapter-4 JUDGMENT-42 265
Chapter-4 Murder Of Wife, Four Kids 265
Chapter-4 Facts 265
Chapter-4 Marriage and Domestic Context 265
Chapter-4 The First Information Report (FIR) and Initial Scene 265
Chapter-4 Police Investigation and Evidence Collection 266
Chapter-4 Judgment of Sessions Court 267
Chapter-4 Appeal to the High Court 267
Chapter-4 Supreme Court Appeal 267
Chapter-4 Questions of Law 267
Chapter-4 Primary Legal Issues 267
Chapter-4 Jurisdictional and Procedural Questions 268
Chapter-4 Substantive Legal Principles 268
Chapter-4 Arguments by Petitioner 269
Chapter-4 Challenge to Circumstantial Evidence Framework 269
Chapter-4 Systematic Rejection of Discovery Evidence 269
Chapter-4 Challenge to Extra-Judicial Confessions 269
Chapter-4 Insufficient Proof of Motive 270
Chapter-4 Prosecution’s Failure to Explain Injuries 270
Chapter-4 Inadequacy of Remaining Evidence 270
Chapter-4 Arguments by Respondent 271
Chapter-4 Defense of Concurrent Findings 271
Chapter-4 Support for Extra-Judicial Confessions 271
Chapter-4 Justification of Discovery Evidence 271
Chapter-4 Establishment of Strong Motive 272
Chapter-4 Interpretation of Accused’s Conduct 272
Chapter-4 Challenge to Defense Version 272
Chapter-4 Argument on Limited Appellate Scope 272
Chapter-4 Supreme Court’s Analysis and Decision 273
Chapter-4 Systematic Rejection of Prosecution Evidence 273
Chapter-4 Discovery Evidence Under Section 27 [under section 23 of BSA] 273
Chapter-4 Extra-Judicial Confessions 274
Chapter-4 Motive 274
Chapter-4 False Explanations and Conduct 274
Chapter-4 Injuries on Accused 275
Chapter-4 Legal Aid and Fair Trial Concerns 275
Chapter-4 JUDGMENT-43 276
Chapter-4 Retrial In Rape-Murder Case, Sets Aside Death Sentence 276
Chapter-4 Summary of Facts 276
Chapter-4 Grounds for Re-Trial 276
Chapter-4 Issues Raised 277
Chapter-4 Contentions raised by Petitioners (Appellant) 277
Chapter-4 Contentions raised by Respondents (State) 277
Chapter-4 Judgment of the High Court 278
Chapter-4 Rationale 278
Chapter-4 Inference and Analysis 279
Chapter-4 JUDGMENT-44 279
Chapter-4 Upholding Death Penalty 279
Chapter-4 Facts of the Case 279
Chapter-4 Question of Law 283
Chapter-4 Arguments of the Petitioner (State) 283
Chapter-4 Arguments by the Respondent (Accused) 284
Chapter-4 Decision of the Court 284
Chapter-4 Critical Analysis 285
Chapter-4 JUDGMENT-45 286
Chapter-4 Court Commutes Death Penalty To 30-Year Jail Sans Remission 286
Chapter-4 Facts in a nutshell 286
Chapter-4 Issues Raised 287
Chapter-4 Contentions raised by Petitioners 287
Chapter-4 Contentions raised by Respondents 289
Chapter-4 Judgment of the High Court 290
Chapter-4 Ratio Decendi 291
Chapter-4 Inference and Analysis 291
Chapter-4 JUDGMENT-46 292
Chapter-4 Commutes Death Sentence 292
Chapter-4 Facts in nutshell 292
Chapter-4 Grounds for Special Leave to Appeal 293
Chapter-4 Issues Raised 294
Chapter-4 Arguments by petitioner (State/Prosecution) 294
Chapter-4 Arguments by the Respondent (Convicts / Appellants) 294
Chapter-4 Critical analysis 295
Chapter-4 JUDGMENT-47 296
Chapter-4 Of Rape And Murder Of A Three Year Old Girl Child 296
Chapter-4 Facts 296
Chapter-4 Question of Law 297
Chapter-4 Arguments by Petitioner (Accused) 298
Chapter-4 Arguments by Respondent (State) 299
Chapter-4 Decision by Court 300
Chapter-4 Critical Analysis 301
Chapter-4 JUDGMENT-48 303
Chapter-4 doubt, No Death Peanlty 303
Chapter-4 Procedural history 303
Chapter-4 Background 303
Chapter-4 Issues before the Court 304
Chapter-4 Arguments by the Petitioner 304
Chapter-4 Arguments by the Respondents : 305
Chapter-4 Ratio and key legal holdings 307
Chapter-4 Critical observations and implications for practice 307
Chapter-4 JUDGMENT-49 308
Chapter-4 To Murder Accused 308
Chapter-4 Facts In a Nutshell 308
Chapter-4 Issues Raised 308
Chapter-4 Contentions Raised by The Appellant 309
Chapter-4 Contentions Raised by The Respondent 309
Chapter-4 Judgment of Rajasthan High Court 309
Chapter-4 Guidelines Issued 310
Chapter-4 Rationale 310
Chapter-4 Inference & Analysis 311
Chapter-4 JUDGMENT-50 311
Chapter-4 Rape and Murder of a Minor 311
Chapter-4 Facts in nutshell 311
Chapter-4 Grounds for Appeal 312
Chapter-4 Issues Raised 312
Chapter-4 Contentions raised by Appellants 313
Chapter-4 Contentions raised by State (Respondent) 313
Chapter-4 Judgment of the High Court 313
Chapter-4 Guidelines and Legal Principles Reiterated 314
Chapter-4 Rationale 314
Chapter-4 Inference and Analysis 315
Chapter-4 Decision by Court 315
Chapter-4 JUDGMENT-51 316
Chapter-4 Factor to Impose Death Sentence 316
Chapter-4 Facts in Nutshell 317
Chapter-4 Question of Law 318
Chapter-4 Arguments by the Petitioner 319
Chapter-4 Arguments by the Respondent 320
Chapter-4 Judgment of the Supreme Court 321
Chapter-4 Critical Analysis 322
Chapter-4 JUDGMENT-52 325
Chapter-4 Implementation: Supreme Court 325
Chapter-4 Facts in nutshell 325
Chapter-4 Issue Raised 326
Chapter-4 Contentions raised by Appellants 326
Chapter-4 Contentions raised by Respondents 327
Chapter-4 Judgment by the Supreme Court 327
Chapter-4 Effect of the Judgement 327
Chapter-4 Defects in the Law 328
Chapter-4 JUDGMENT-53 329
Chapter-4 Sentences Accused To 25 Years’ Rigourous Imprisonment 329
Chapter-4 Facts in nutshell 329
Chapter-4 Grounds for Special Leave to Appeal 330
Chapter-4 Issues Raised 330
Chapter-4 Contentions Raised by Petitioners 331
Chapter-4 Contentions Raised by Respondents 331
Chapter-4 Judgement of the Supreme Court 332
Chapter-4 Trilogy of Judgements: Guidelines Issued 333
Chapter-4 Rationale 334
Chapter-4 JUDGMENT-54 334
Chapter-4 in Capital Punishment Cases 334
Chapter-4 Facts in a Nutshell 334
Chapter-4 Question of Law 335
Chapter-4 Contentions raised by the Appellants 335
Chapter-4 Contentions raised by the Prosecution 337
Chapter-4 Rationale and Decision of the Court 338
Chapter-4 Critical Analysis of the Case 339
Chapter-4 Conclusion 341
Chapter-4 JUDGMENT-55 341
Chapter-4 Death Sentence Awarded to Accused Duo 341
Chapter-4 Facts of the Case 341
Chapter-4 Question of Law 343
Chapter-4 Arguments by Petitioner (State/Prosecution) 344
Chapter-4 4. Arguments by Respondent (Defense/Appellants) 346
Chapter-4 Decision by Court 348
Chapter-4 Critical Analysis 349
Chapter-4 JUDGMENT-56 351
Chapter-4 And Unborn Grandchild For Performing Inter-Caste Marriage 351
Chapter-4 Facts in nutshell 351
Chapter-4 Issue Raised 352
Chapter-4 Contentions raised by Appellants 352
Chapter-4 Contentions raised by Respondents 352
Chapter-4 Judgment by the High Court 353
Chapter-4 Critical analysis 354
Chapter-4 Rationale 355
Chapter-4 Conclusion 356
Chapter-4 JUGDMENT-57 356
Chapter-4 Death Sentence 356
Chapter-4 Facts 356
Chapter-4 Legal Sections Invoked 357
Chapter-4 Question of Law 358
Chapter-4 Contentions Raised by the Petitioner 358
Chapter-4 Contentions Raised by the Respondent 359
Chapter-4 Judgement 360
Chapter-4 Analysis 361
Chapter-4 Conclusion 361
Chapter-4 JUDGMENT-58 362
Chapter-4 Sentenced To Death In Child Rape-Murder Case 362
Chapter-4 Facts 362
Chapter-4 The Legal Framework: Circumstantial Evidence in Indian Jurisprudence 362
Chapter-4 Analysis of the Prosecution’s Evidence 363
Chapter-4 Conclusion 366
Chapter-4 JUDGMENT-59 367
Chapter-4 Commutation of Death Sentence 367
Chapter-4 Facts 367
Chapter-4 Grounds for Appeal 368
Chapter-4 Issues 370
Chapter-4 Contentions of the Appellant 371
Chapter-4 Contentions of the Respondent 372
Chapter-4 Judgment by High Court 372
Chapter-4 Rationale 373
Chapter-4 Inference & Analysis 373
Chapter-4 JUDGMENT-60 374
Chapter-4 Circumstantial Evidence and the Rarest of Rare Doctrine 374
Chapter-4 Incident and Background 374
Chapter-4 Sequence of Events 374
Chapter-4 Investigation and Evidence 374
Chapter-4 Major Findings and Forensic Information 375
Chapter-4 Questions of Law 375
Chapter-4 Arguments advanced by the Accused 376
Chapter-4 Arguments advanced by the Victim 377
Chapter-4 Judgment by the Trial Court 378
Chapter-4 Judgment by the High Court 379
Chapter-4 Rationale 380
Chapter-4 Inference and Analysis 380
Chapter-4 Application of Death Penalty and Its Importance 381
Chapter-4 Conclusion 381
Chapter-4 JUDGMENT-61 382
Chapter-4 Commutes Death Sentence In Kidnap, Rape & Murder Case 382
Chapter-4 FACTS 382
Chapter-4 Grounds for Special Leave Petition 384
Chapter-4 Issues Raised 385
Chapter-4 Contentions Raised by Petitioner 386
Chapter-4 Contentions Raised by Respondent 386
Chapter-4 Judgment 387
Chapter-4 Rationale 388
Chapter-4 Mitigating and Aggravating Factors 389
Chapter-4 Aggravating Factors 389
Chapter-4 Mitigating Factors 390
Chapter-4 Critical Analysis 390
Chapter-4 Conclusion 391
Chapter-4 JUDGMENT-62 392
Chapter-4 A Mentally Ill Woman 392
Chapter-4 Facts in nutshell 392
Chapter-4 Procedural History 393
Chapter-4 Question of Law 394
Chapter-4 Arguments by Appellants 394
Chapter-4 Arguments by Respondent 395
Chapter-4 Decision by the Punjab & Haryana High Court 396
Chapter-4 Critical Analysis 397
Chapter-4 Conclusion 398
Chapter-4 JUDGMENT-63 399
Chapter-4 Child Rape Cases 399
Chapter-4 Facts of the Case 399
Chapter-4 Arguments by Petitioner (State of Uttarakhand) 400
Chapter-4 Arguments by Respondent (Karandeep Sharma @ Razia @ Raju) 400
Chapter-4 Decision by Court 400
Chapter-4 Critical Analysis 400
Chapter-4 Conclusion 403
Chapter-4 JUDGMENT-64 404
Chapter-4 On Man Convicted For Rape And Murder Of Minor 404
Chapter-4 Facts 404
Chapter-4 Question of Law 404
Chapter-4 Arguments by Petitioner (Appellant) 405
Chapter-4 Arguments by Respondent (State) 406
Chapter-4 Grounds for Special Leave to Appeal 406
Chapter-4 Trilogy of Judgments (Supreme Court Precedents) 407
Chapter-4 Guidelines Issued by High Court 407
Chapter-4 Critical Analysis 407
Chapter-4 Rationale 408
Chapter-4 Inference and Analysis 408
Chapter-4 Decision by Court 408
Chapter-4 Conclusion 409
Chapter-4 JUDGMENT-65 409
Chapter-4 Into Mitigating Factors 409
Chapter-4 Facts in Nutshell 409
Chapter-4 Question of law 411
Chapter-4 Arguments by the Petitioner 412
Chapter-4 Argument’s by Respondents 413
Chapter-4 Critical analysis 416
Chapter-4 Conclusion 417
Chapter-4 JUGDMENT-66 417
Chapter-4 Shakti Mills Gang Rape of A Photo-Journalist 417
Chapter-4 Facts 417
Chapter-4 Grounds for Special Leave to Appeal 421
Chapter-4 Issues Raised 423
Chapter-4 Contentions raised by Petitioners 424
Chapter-4 Contentions raised by Respondents 425
Chapter-4 Judgment by Supreme Court 426
Chapter-4 Trilogy of Judgements: Guidelines Issued 426
Chapter-4 Ratio Decidendi and Obiter Dicta 427
Chapter-4 Obiter dicta 427
Chapter-4 JUDGMENT-67 428
Chapter-4 maintaining societal equilibrium 428
Chapter-4 Facts In Nutshell 428
Chapter-4 Question Of Law 428
Chapter-4 Contentions By The Petitioner 429
Chapter-4 Contentions By The Respondent 429
Chapter-4 Judgement Of High Court 430
Chapter-4 Rationale 430
Chapter-4 Inference And Analysis 431
Chapter-4 Conclusion 432
Chapter-4 JUDGMENT-68 432
Chapter-4 Murder Of Wife, 4 Kids 432
Chapter-4 Facts 432
Chapter-4 Question of Law 433
Chapter-4 Arguments raised by the Petitioner 434
Chapter-4 Decision by Court 435
Chapter-4 Critical Analysis 436
Chapter-4 JUDGMENT-69 437
Chapter-4 Allahabad High Court Acquits Man Sentenced to Death by Trial Court 437
Chapter-4 Facts In A Nutshell 437
Chapter-4 Issues Before the High Court 438
Chapter-4 Contentions Raised By Peteioner 439
Chapter-4 Contentions Raised By Respondents 439
Chapter-4 Decision By Court 439
Chapter-4 Critical Analysis 440
Chapter-4 JUDGMENT-70 441
Chapter-4 in a case involving the death penalty 441
Chapter-4 Facts In A Nutshell 441
Chapter-4 Question of Law 442
Chapter-4 Arguments by Petitioner 444
Chapter-4 Arguments By Respondent 445
Chapter-4 Decision by Court 447
Chapter-4 Critical Analysis 448
Chapter-4 JUDGMENT-71 450
Chapter-4 High Court Commutes Death Sentence of 70-Year-Old Convict 450
Chapter-4 Facts Of The Case 450
Chapter-4 Questions Of Law 452
Chapter-4 Arguments By Petitioner 454
Chapter-4 Arguments By The Respondent 455
Chapter-4 Decision By Court 455
Chapter-4 Critical Analysis 457
Chapter-4 JUDGMENT-72 458
Chapter-4 Case Of 4½ Years Old Girl 458
Chapter-4 Facts in a nutshell 458
Chapter-4 Grounds for Special leave to appeal 459
Chapter-4 Issues raised 459
Chapter-4 Contentions raised by Apellant: 460
Chapter-4 Contentions raised by Respondent 464
Chapter-4 Judgement by the High Court 469
Chapter-4 Guidelines issued 478
Chapter-4 Rationale and Analysis 478
Chapter-4 JUDGMENT-73 480
Chapter-4 Rape of Minor; Sentences Him To Life Imprisonment 480
Chapter-4 Facts in Nutshell 480
Chapter-4 Grounds/Procedural History 481
Chapter-4 Issues Raised 482
Chapter-4 Contentions of Appellant/Petitioner 483
Chapter-4 Contentions of Respondent/State 484
Chapter-4 Judgment by the Court 485
Chapter-4 Legal Principles and Guidelines Applied 486
Chapter-4 Rationale for Decision 487
Chapter-4 JUDGMENT-74 488
Chapter-4 Imprisonment with No Remission For 40 years 488
Chapter-4 Facts in Nutshell 488
Chapter-4 Grounds for Appeal 490
Chapter-4 Issues 491
Chapter-4 Question of Law 491
Chapter-4 Arguments by the Petitioner 492
Chapter-4 Arguments by the Respondent 493
Chapter-4 Decision of the Court 494
Chapter-4 Critical Analysis 494
Chapter-4 Rationale 495
Chapter-4 JUDGMENT-75 496
Chapter-4 Kidnap-Cum-Murder 496
Chapter-4 Facts in nutshell 496
Chapter-4 Question of Law 497
Chapter-4 Contentions Raised by the Petitioners 498
Chapter-4 Contentions Raised by the Respondent/State 500
Chapter-4 Decision by the Court 503
Chapter-4 Critical Analysis 505
Chapter-4 JUDGMENT-76 506
Chapter-4 Death penalty should remain the exception rather than the rule 506
Chapter-4 Facts in a Nutshell 506
Chapter-4 Grounds for Appeal 507
Chapter-4 Issues Raised 507
Chapter-4 Contentions Raised by the Petitioner (Accused) 507
Chapter-4 Contentions Raised by Respondent (State) 508
Chapter-4 Judgment of High Court 508
Chapter-4 Consideration of Death Penalty 508
Chapter-4 Rationale 509
Chapter-4 Inference and Analysis 509
Chapter-4 Conclusion 510
Chapter-4 JUDGMENT-77 511
Chapter-4 Rape Case 511
Chapter-4 Facts in Nutshell 511
Chapter-4 Grounds for Appeal 513
Chapter-4 Issues Raised 514
Chapter-4 Contentions raised by Petitioners 515
Chapter-4 Contentions raised by Respondents 517
Chapter-4 Judgement by Allahabad High Court 518
Chapter-4 Rationale 519
Chapter-4 JUDGMENT-78 520
Chapter-4 High Court Refuses To Commute Death Sentence 520
Chapter-4 Facts 520
Chapter-4 Grounds for Commutation of Death Penalty 521
Chapter-4 Issues Raised 522
Chapter-4 Contentions raised by Petitioners 523
Chapter-4 Contentions raised by Respondents 523
Chapter-4 Judgement 524
Chapter-4 Rationale 524
Chapter-4 Critical Analysis 525
Chapter-4 JUDGMENT-79 525
Chapter-4 Death Sentence in Double Murder Case 525
Chapter-4 Facts in nutshell 525
Chapter-4 Grounds for Special Leave to Appeal 525
Chapter-4 Issues Raised 526
Chapter-4 Contentions Raised by the State 526
Chapter-4 Contentions Raised by the Respondent 526
Chapter-4 Judgment 527
Chapter-4 Rationale 527
Chapter-4 Inference and Analysis 527
Chapter-4 Conclusion 528
Chapter-4 JUDGMENT-80 528
Chapter-4 POCSO Case 528
Chapter-4 Facts 528
Chapter-4 Question of law 529
Chapter-4 Arguements by Petitioner 529
Chapter-4 Arguements by Respondent 530
Chapter-4 Decision by Court 531
Chapter-4 Critical Analysis 532
Chapter-5
Chapter-5 Who is a Child in India? 534
Chapter-5 The Protection of Children from Sexual Offences (POCSO) Act, 2012 534
Chapter-5 Death Penalty when can it be awarded: 535
Chapter-5 Aggravating circumstances – (Crime test) 536
Chapter-5 Mitigating Circumstances: (Criminal test) 537
Chapter-5 Cases in which Death Penalty is Commuted: 540
Chapter-5 Jugdments of Courts 547
Chapter-5 JUDGMENT-1 547
Chapter-5 of him being reformed in future 547
Chapter-5 Facts in Nutshell: 547
Chapter-5 Decision by Trial Court and High Court: 548
Chapter-5 Contention by the learned counsel for the accused: 549
Chapter-5 Decision by Supreme Court: 549
Chapter-5 Post-mortem Report: 550
Chapter-5 JUDGMENT-2 552
Chapter-5 accused considering the age of the accused 552
Chapter-5 Facts in Nutshell: 552
Chapter-5 Decision by Trial Court: 555
Chapter-5 Contention by the learned counsel for the accused before the High Court: 556
Chapter-5 Contention by the learned Government Advocate: 557
Chapter-5 Aggravating circumstances: 557
Chapter-5 Rarest of the rare case: 561
Chapter-5 Decision by High Court: 561
Chapter-5 JUDGMENT-3 563
Chapter-5 Ghastly rape and murder of a 10 year Old , Death Penalty Awarded 563
Chapter-5 Facts in Nutshell: 563
Chapter-5 Decision by Trial Court and High Court: 565
Chapter-5 Argument by the Appellant counsel before the Supreme Court: 568
Chapter-5 Circumstances in which Death Penalty may be awarded: 568
Chapter-5 Decision by Supreme Court: 571
Chapter-5 JUDGMENT-4 573
Chapter-5 accused in a deep forest 573
Chapter-5 Facts in Nutshell: 573
Chapter-5 Brief Story: 574
Chapter-5 Decision by Trial Court: 575
Chapter-5 Contention by the learned counsel for the appellant before the High Court: 576
Chapter-5 Contention by the learned public prosecutor before the High Court: 577
Chapter-5 Decision by High Court: 577
Chapter-5 Whether the imposition of death sentence can be confirmed or not: 578
Chapter-5 JUDGMENT-5 581
Chapter-5 imprisonment awarded 581
Chapter-5 Facts in Nutshell: 581
Chapter-5 Decision by Trial Judge: 584
Chapter-5 Contention by the learned counsel for the appellant: 584
Chapter-5 Decision by High Court: 586
Chapter-5 JUDGMENT-6 589
Chapter-5 Awarded 589
Chapter-5 Facts in Nutshell: 589
Chapter-5 The prosecution case in nutshell: 592
Chapter-5 Post-mortem Report: 593
Chapter-5 Decision by Trial Court: 594
Chapter-5 Contention by the learned counsel for the appellant: 594
Chapter-5 Contention by the learned Public Prosecutor: 595
Chapter-5 Confession Leading to Recovery: 595
Chapter-5 Theory of Last Seen together: 596
Chapter-5 [Section 351 of BNSS]: 596
Chapter-5 Death Penalty: 597
Chapter-5 Aggravating and Mitigating Circumstances: 599
Chapter-5 Aggravating circumstances 599
Chapter-5 Mitigating circumstances 600
Chapter-5 Principles 600
Chapter-5 Decision by High Court: 601
Chapter-5 JUDGMENT-7 603
Chapter-5 Penalty Awarded 603
Chapter-5 Facts in Nutshell: 603
Chapter-5 Decision by Trial Court: 606
Chapter-5 High Court: 606
Chapter-5 Contention by Learned Government Advocate: 608
Chapter-5 Last Seen theory and Arrest of Accused on the basis of suspicion : 609
Chapter-5 its accuracy with certainty: 609
Chapter-5 Decision by High Court: 611
Chapter-5 Question of Death Sentence to Appellants: 612
Chapter-5 JUDGMENT-8 615
Chapter-5 Deceased raped and murdered by accused, Death Sentence not Awarded 615
Chapter-5 Facts in Nutshell: 615
Chapter-5 Decision by Trail Court and High Court: 616
Chapter-5 Observation by Supreme Court: 617
Chapter-5 Decision by Supreme Court: 618
Chapter-5 JUDGMENT-9 619
Chapter-5 Evidence 619
Chapter-5 Facts in Nutshell: 619
Chapter-5 The prosecution story is as follows: 620
Chapter-5 Decision by Trial Court and High Court: 620
Chapter-5 Report by Post mortem expert: 621
Chapter-5 Decision by Supreme Court: 622
Chapter-5 JUDGMENT-10 623
Chapter-5 Kidnapping, rape and murder of 4-year old Girl, Death Penalty Awarded 623
Chapter-5 Facts in Nutshell: 623
Chapter-5 Facts: 624
Chapter-5 Decision by Trial Court: 626
Chapter-5 Contention by the learned counsel for the appellant before the High Court: 626
Chapter-5 Contention by the learned public prosecutor: 627
Chapter-5 Decision by High Court: 627
Chapter-5 demanding capital sentence? 627
Chapter-5 Aggravating Circumstances: 628
Chapter-5 Mitigating Circumstances: 629
Chapter-5 JUDGMENT-11 631
Chapter-5 Rape and murder of 7 year old child, Death Penalty Awarded 631
Chapter-5 Facts in Nutshell: 631
Chapter-5 Briefly stated the case of the prosecution is as follows : 632
Chapter-5 Decision by Trial Court and High Court: 634
Chapter-5 Decision by Supreme Court: 634
Chapter-5 and confirmed by the High Court should be maintained or not 634
Chapter-5 JUDGMENT-12 636
Chapter-5 Death Penalty awarded 636
Chapter-5 Facts in Nutshell: 636
Chapter-5 Death Sentence and Judiciary: 638
Chapter-5 Cases in which Death Penalty can be awarded: 641
Chapter-5 Principles 642
Chapter-5 Decision by Supreme Court: 642

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